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Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

We recently purchased a home and my dad is married to someone that is not my mother. Would his rights of the property transfer to me or would it be handed over to his spouse. When we closed on the home, they did make her sign a paper acknowledging that she was not going to be on the deed to the... Read more »

Julie King
Julie King
answered on Oct 5, 2022

So long as neither of you (your dad or you) transfer your half of the property during your father's lifetime, then you will receive his half upon his death -- even if your father's trust or will says otherwise.

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1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: California small estate affadavit

I have financial power of attorney for my adult son. He is next of KIN to his father who just passed away. His only son. He had no estate. I am trying to have his fathers 401K tranistioned to an inherited IRA. I sent all the paperwork, POA etc to to the company. They require a California small... Read more »

Julie King
Julie King
answered on Oct 4, 2022

You can sign a California Small Estate Affidavit in Texas, so long as you have a Texas notary notarize your signature. Best wishes!

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I am the cosigner my son died the dealership took the car back and reimbursed me. Am I still responsible for the car?

I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?

Andrew Popp
Andrew Popp
answered on Oct 4, 2022

Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: Does a notary signature count as a witness signature on a handwritten will in Ohio?
Andrew Popp
Andrew Popp
answered on Oct 4, 2022

In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do I contest a will?

I think my sister bullied my dad into leaving her everything when he died last month(August 2022) he had been living with her for a year and a half prior to his passing. He was one month short of 90 years old. In my opinion his mind was going. I am not sure how to categorize this. Is it probate... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Try reposting this in the "Probate" and "Estate Planning" sections. There's no guarantee that all posts are picked up, but you'd have better chances of a response there. Attorneys in... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: I'm in the state of Louisiana. How is estates settled after death with no will.

Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: need help with trust issue

i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Oct 3, 2022

This is not a Family Law question. Repost in the estates forum.

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2022

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: So if I I have the deed of trust for Texas it is probably for more then one house
John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: want to get out of co-ownership of house in Colorado Springs. My sister and brother are co-owners

My brother lives in the house. I want him and my sister to be co-owners . How do I get out of this situation the simplest way possible. Am willing to sell it to my sister for $1.00 or whatever is required.

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Oct 3, 2022

You need to talk to an attorney ASAP. Believe it or not, you may be in a really good situation since you all currently agree. Once, everyone disagrees it becomes a nightmare.

If you want off the property, you may be able to sell or gift your interest to them. Either way, you want a...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Does a third beneficiary need to put into a trust when there are two already?

There are two beneficiaries currently: daughter and granddaughter. Lawyer insists there needs to be third but the Grantor only wants the daughter and granddaughter on there.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Oct 3, 2022

I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what...
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1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 2, 2022

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

1 Answer | Asked in Estate Planning for California on
Q: Regarding a trust my parents set up; my father has passed. My mom has been deemed incapacitated.

Can the successor trustee(s) change anything wished by my parents. I am not being advised of anything even though I am a co-successor trustee and beneficiary. Can the successor trustee(s) do as they please, even though I am not being asked my to be involved in any of the decisions. Please help me... Read more »

Julie King
Julie King
answered on Oct 1, 2022

The answer to both of your questions will be written in your parents’ trust. Some trusts say successor trustees cannot change anything, other trusts say the successor trustees can change a trust if the law changes, and still other trusts have completely different terms. The same is true with... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: My son in law passed and i have legal custody of both of his children and i'm representing the estate can we rent the

home without transferring the loan?

Mark Oakley
Mark Oakley
answered on Oct 1, 2022

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How can I get proof my brother and sister have poa and are trustees for her trust for my mother.

I have asked to see them but they have refused to show the documents to me

Trent Harris
Trent Harris
answered on Sep 30, 2022

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

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